Nang - Paper Salween Dam-Engl

The 4th International Conference on Human Rights & Human Development Critical Connections: Human Rights, Human Development
and Human Security
EVALUATING
THE IMPLEMENTATION OF EGAT INTERNATIONALS CORPORATE SOCIAL RESPONSIBILITY POLICY FOR THE HAT GYI DAM PROJECT ON THE SALWEEN RIVER, MYANMAR/BURMA
Nang Shining Chulalongkorn University
Introduction Rising electricity demand in Thailand is a key driving force for building new power projects in Thailand as well as importing electricity from neighboring countries. Of the many proposed projects, the Hat Gyi Dam, also known as Hut Gyi, Hutgyi and Hatgyi, has been included in Thailands 2010-2030 power development plan (EGAT, 2010a). The Hat Gyi Dam is located on the mainstream Salween River near the Thailand-Myanmar1 border in Karen State, Myanmar. The Hat Gyi Dam project is a joint venture cooperation of Thailand, China and Myanmar through the state owned enterprise EGAT International (EGATi), state owned enterprise Sinohydro Corporation, the Department of Hydroelectric Power Planning (HDPP) of the Myanmar government, and a local Myanmar private investor named International Group of Entrepreneur Company (IGOEC). According to a Memorandum of Agreement (MOA) signed on 24 April 2010 between the four consortium partners, the proportion of investment is 36%, 50%, 10% and 4% respectively. The project has a capacity of 1,360MW. 10% of the electricity generated is proposed to used domestically in Myanmar, and the rest is to be sold to Thailand via a high voltage transmission line (500Kv) which would connect with Phitsanulok Power Station 3 (EGAT,2010a).
The county is well-known worldwide as Burma until 1989, when the name was changed from the Union of Burma to the Union of Myanmar by the countrys government and since then has been used as Myanmar as both its official and popular name worldwide. P a n el | H U M A N
D E V E L O P M E N T (2)
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The 4th International Conference on Human Rights & Human Development Critical Connections: Human Rights, Human Development and Human Security
EGATs 2009 annual report, in the section about Corporate Social Responsibility, states EGAT has conducted environmental impact assessment (EIA) and has prepared EIA reports for all of its power development projects and associated facilities, giving particular importance to health impact assessment (HIA) (EGAT, 2009). EGAT states that it is committed [to] the environmental quality and the quality of life in all its operations and activities. Through its efforts to minimize environmental impacts, EGAT states to have adopted the public participatory approach to involve community and stakeholders in all steps through its project development. As well as the optimum benefits for the community in the long run. EGAT also states that best practice environmental management system ISO 140012 has been adopted organization wide to ensure its complete compliance with relevant environmental legislation and regulatory standards while building up community trust and confidence in EGATs operation (EGAT, 2011). EGAT states that as a dam developer it is guaranteed to support the affected community that is direct impacted by the Hat Gyi dam project (EGAT, 2010b). Furthermore, EGAT also states that they have long term plans to mitigate any project impacts, such as from flooding or the extinction of fish species, and to ensure an adequate river level so that communities can practice riverbank agriculture. EGAT also has stated that it has plans to give compensation to villagers who would be directly affected by the dam project, will find an appropriate place for the resettlement of affected communities, will have a program for community development, and will promote development along the Thai-Myanmar border by providing a social welfare system. Nevertheless, despite the existing regulations and policies, a number of major environmental and social justice issues have been documented during the feasibility study preparation to date, and these could worsen further if the Hat Gyi dam is built under the present circumstances. According to the survey conducted by the EGAT and its agencies, inside Myanmar six Karen ethnic group villages living along Salween River will be directly impacted by the dam project, namely Klodeta, Shwe, U Wei, Jawburu, Zazerk, Yunmata and
ISO 14001 deals with environmental management systems. The organization meeting the requirements of
ISO14001 identifies and controls the environmental impact of its activities, improves its environmental performance, and implements a systematic approach to setting environmental objectives (ISO, 2004). http://www.iso.org/iso/iso_14000_essentials
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Pawtalaw villages. On the Thai side, Mae Sam Lab, Ban Tha Ta Fang and Ban Sob Moei will receive indirect impacts from the project (EGAT, 2010b). NGO-CORD North states that information about the Hat Gyi dam has not been fully released both by EGAT and the Chairman of the Information Disclosure Subcommittee on the Hat Gyi Hydropower Project on the Salween River to a wide range of stakeholders, including the affected communities and local NGOs, despite the fact that Articles 56 and 67 of the 2007 Thai constitution refers to requirements for Information Disclosure (NGO-CORD North, 2011). NGO-CORD North also states that the projects Environmental Impact Assessment (EIA) report has also not been made available to the potentially affected communities and other interest groups, including NGOs and academics that are following the case of the Hat Gyi dam. Despite reference to resettlement and compensation arrangements that are frequently stated in the MOA signed in April 2010 between the project co-developers which is mentioned in the briefly mentioned in the information booklet, NGO-CORD North claims that the documents detailing these arrangements have not been released to the potentially affected community. Reflecting on the contesting claims by the project developers, the NGOs and many others, my research seeks to assess the experience of communities on the Thai side of the Salween River in the preparation process of the Hat Gyi dam project and to evaluate whether EGATi has implemented its own CSR policy in the case of the Hat Gyi dam project. For the Hat Gyi project, even though the dam itself is located inside Myanmar, EGAT has affirmed in an Information Booklet distributed at its public information disclosure on 7, 8 and 9 February 2011 in Ban Sob Moei, Ban Mae Sam Leap and Sob Moei district official hall that impacts will not only affect citizens living inside Myanmar, but also the communities living inside Thailand. Therefore, I will examine the way that EGAT has implemented its CSR policy at the three communities located inside Thailand, namely Ban Mae Sam Leap and Ban Sop Moei in Sop Moei district and Ban Tha Ta Fang village in Mae Sariang district in Mae Hong Son province.
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Research Questions and Objectives Main question Has EGATi implemented its Corporate Social Responsibility and Corporate Governance policies in preparing the proposed Hat Gyi Dam project on the Salween River, Karen State, Myanmar? Sub-questions 1. Has EGATis policy on stakeholder participation been successfully implemented for communities on the Thai side of the Salween River and other stakeholders in Thailand? 3 2. Has EGATi implemented social responsibility projects in communities on the Thai side of the Salween River? 3. How could the implementation of EGATis CSR policy be strengthened? Objectives of the Research 1. To examine whether EGATis policy on stakeholder participation have been applied to the communities on the Thai side of Salween River and other stakeholders in Thailand. 2. To assess if the EGATis policy on social responsibility has been adopted by following the relevant laws and regulations4. 3. To evaluate the way how any gaps between the policy and the practice on the ground can be effectively met, and to recommend how EGATis CSR policy can be strengthened.
The final thesis will also seek to answer the question Has EGATis policy on environmental responsibility been successfully implemented by following the relevant laws and regulations, including in the preparation of the EIA report? 4 The final thesis will also put additional objective To assess if the EGATis policy on environmental responsibility has been adopted by following the relevant laws and regulations. P a n el | H U M A N
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Conceptual Framework: CSR in Thailand Whilst Corporate Social Responsibility (CSR) has no definite standard internationally, there is an emerging recognition for businesses to commit to follow certain standards in their practices. To date, the development of CSR policies has been led mainly by western transnational corporations, but not always applied in practice. In Thailand, whilst many businesses are now also becoming transnational corporations, there is yet to be the same level of understanding and commitment to CSR both in policy and practice. My thesis is framed by the emerging interest in CSR policy in Thailand. EGAT has had a form of CSR policy at least since 2002 and started publishing CSR Reports in 2007. Of relevance to the development of the Hat Gyi Dam project are commitments to Environmental Responsibility, Stakeholder Participation and Information Disclosure, and Social Responsibility. These commitments are detailed in EGATis Annual Reports in 2007 and 2009. Whilst the need for CSR in Thailand is gradually gaining recognition amongst business, the government and the public, the Hat Gyi dam presents a special case as it is a trans-boundary project that is located in Myanmar, yet will sell its electricity to Thailand and has EGATi as a major shareholder. Therefore, this paper will consider how CSR performs under these transboundary investment conditions, in addition to the applications of CSR in Thailand itself. EGATs CSR Policy and Corporate Governance EGAT states that it was the first state organization in the country which has started its People Policy since March 2002 reaffirming its commitment to nurturing collaborative relationship built on mutual understanding and respect with the local community and society (EGAT, 2009). EGAT also states that, EGAT has strictly observed all applicable laws and regulations in all processes of its operations and activities, both before and during the project development and throughout the operating life of its power facilities (EGAT, 2009. p76). It also states that it gives importance to environmental impact assessment (EIA) as well as health impact Assessment (HIA).
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Referring to the annual reports of EGAT (2009), EGAT states that is has been constantly committed to carrying out entrusted mission with due care and accountability to environment, communities, and society at large. Its socially and environmentally responsible approach through myriads of its social projects, bring better quality of life and better environmental quality to local communities where in which EGAT operates across the country (EGAT, 2009.p62-63) EGAT states that it is greatly aware of the importance of good corporate governance for sustainable growth. EGAT states that it is safeguarding the interests of all stakeholders and taking care of environment and society, and at the same time EGAT also has continuously developed its corporate governance systems to be consistence with international standard and practices to further enhance efficiency, transparency and integrity of its operations (EGAT, 2009). EGAT also states that it works to promote mutual understanding with communities and society at large, treat all people with dignity and respect, and run its operation and activities in a socially and environmentally responsible way. Research Methodology Research Scope and Limitation My research sites are the potentially affected communities living along the Salween River on the Thai side, namely Ban Mae Sam Leap and Ban Sop Moei in Sop Moei district and Ban Tha Ta Fang village in Mae Sariang district in Mae Hong Son province. A total of 86 interviewees were conducted in the three villages over a one month field work period, in addition to key informant interviews. As the dam project itself is located inside Myanmar, due to the political context in Myanmar the researcher was not able to visit the project site directly and therefore it is hard to get information from the potentially affected community inside Myanmar. For this reason, this research only emphasizes the potentially affected communities inside Thailand. In addition, access to official information is also limited, so that the focus of this paper emphasizes the experience to date of potentially affected communities.
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The location of three communities
Data resources and collection This research uses both primary and secondary sources of information. Overall, the study is based on analysis using qualitative research methods, with a combination of focus group discussion with communities inside Thailand, in-depth interviews with potentially affected community members, interviews with key informants, and secondary database research. To ensure that the data from the research and its findings are valid and reliable, I have used a range of secondary sources of information to triangulate my own primary data, including from academics, government documents, such as the report of EGAT, and relevant information from NGOs reports, newsletters and statements. The interviews were conducted in Shan, Burmese, and Thai. As the majority of the communities living at the proposed dam site in Thailand are Karen ethnicity, in some circumstance the researcher used a translator from Karen to Burmese or Thai.
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Background and Status of Hat Gyi Dam Project Overview The Salween River originates in the high plains of the Tibetan Plateau and flows through Thailand and Myanmar before entering to the Andaman Sea. An international river, it is called Nu Jiang in Chinese, Nam Khone in Shan, Than Lwin in Burmese and Salween in Thai. The Salween basin covers 320,000 square kilometers, and the watershed area is located 53% in China, 42% in Myanmar and 5% in Thailand (Salween Watch, 2011). The Salween River is approximately 2400km long and regarded as the longest free-flowing international river in Southeast Asia. About 320 km from the source, the river forms the border boundary between Myanmar and Thailand for about 120 km, before meeting the Moei River (named in Thai) or the Thaungyin River (named in Myanmar), a major tributary of the Salween that divides the two countries (Salween Watch, 2011). In Myanmar, the river runs through Mon, Karen and Shan States where it is important to the livelihood of ethnic minority groups, fertilizing the land and feeding the ethnic groups by providing them with water, fish and river bank agriculture for those living along its banks. Twenty dam projects in total are planned to be built on the mainstream river; seven dams are planned to be build inside Myanmar and 13 dams are planned to be built inside China. The Hat Gyi Dam is one of the seven dams proposed to be built inside Myanmar on the Salween River and is located inside Karen State about 33 km downstream of the Salween-Moei River convergence. It is the smallest of the seven planned dams and expected to be the first dam to be built on the Salween River. The type of the dam is a 33 meters high Run-of-River dam. It is expected to have an annual electricity production of 7335 Gigawatthours, at an estimated cost of USD one billion (cited in Burma River Network, 2006).
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Key Actors involve in the dam project Many actors are involved in the Hat Gyi Dam Project; including state own enterprises, local investors, the electricity buyers, policy makers, and constructors, NGOs, government institutions and the communities. All these stakeholders are playing different roles in the proposed Hat Gyi dam project. The key stakeholders in this paper is consists of the project developer, the relevant government sector, the Non-governmental organization and the related communities from both side of Myanmar and Thailand.
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Results: Stakeholder Participation and Information Disclosure The source of information receiving by different actors in regard to Hat Gyi dam The sources of information available to the communities about the Hat Gyi dam are diverse. Information has been made available by NGOs, from EGATis Information Disclosure meeting on 7, 8, and 9 February 2011, a Public Forum conducted by EGATi in 2009, from academic researchers, the media, from government documents, and by observing the survey team during their feasibility study. However, the information is not consistent. Depending on the source of information that the communities received, the opinion toward the dam project is different. Nine years ago, an EGAT team surveyed the water level and project feasibility nearby the areas of Tha Ta Fang and Wei Gyi. Some villagers have received the information by seeing the survey teams, for example fisherman and boat drivers realized that some project would come soon into their areas. The villagers then also learned from NGOs that the Wei Gyi and Dagwin dam were proposed to be built in Thailand. Due to subsequent strong opposition by Thai communities, those dams appear to be postponed, and the Hat Gyi dam inside Myanmar prioritized instead. The communities from Ban Mae Sam Leap, Tha Ta Fang and Ban Sop Moei have not had direct communication with the dam developers or received information from the developers, other than during a Public Forum conducted in Ban Sop Moei in 2009 by EGATi (following the recommendation of Information Disclosure Subcommittee on Hutgyi Hydropower Project on the Salween River), and a Public Information Disclosure Meeting conducted on 7, 8, and 9 February 2011 in Ban Mae Sam Leap, Sop Moei district and Ban Sop Moei respectively. A senior villager of Ban Tha Ta Fang believes that, if the time comes, the dam developers will come to share the information and also will consult with us. Before reaching out to the villagers, they must have to pass many departments. However, the negotiation should take place before the dam is decided to be built. Public Information Disclosure conducted by EGATi in three communities The Public Forum was conducted in 2009 at Ban Sop Moei and many parties were invited to join. The Public Information Disclosures were conducted in Ban Sop Moei and Ban Mae Sam
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Leap respectively on 8 and 9 February 2011 by EGATi5. The villagers from Tha Ta Fang also invited to join the public information disclosure in Mae Sam Leap. The Public Information Disclosure meeting was conducted by EGATi to inform the villagers about the invalidity of the MOA6 and the plans to extend the MOA to go forward with building the dam project. According to community members who joined, in the meeting three to four representatives from EGAT came and presented about the purpose, the reason of the project and mitigation plan. EGAT said that the dam will not have the same impacts as the Bhumiphol dam because the design is run of river. EGAT also mentioned in the meeting that if Thailand withdrew from the Hat Gyi dam project, however, China and Myanmar will move forward with it instead. Since Thailand will not flood from the dam project, EGATi didnt mention about the resettlement and compensation plan. However, it stated that it will respond to any consequences of the dam project if they affect Thailand. The Public Information Disclosure meeting was announced two weeks in advance of the meeting to the communities in Ban Mae Sam Leap. However, some community members from Tha Ta Fang received an invitation only two days in advance. At the meetings, EGATi also distributed some books and leaflets; In Ban Mae Sam Leap only the book was provided, and in Ban Sop Moei both the book and leaflet were provided. The book is in Thai and Karen languages. The majority of people in Ban Tha Ta Fang and Ban Sop Moei are Karen ethnic group. However, in Ban Mae Sam Leap there is greater diversity, with Thai, Karen, Shan and Burmese ethnic groups; whilst most of the villagers can speak Karen, they cannot read Karen.
The Thai National Human Rights Commission conducted an investigation into human rights violations associated with the Hat Gyi dam and submitted their report to Prime Minister Abhisits government on August 9, 2007, recommending that the Thai government and EGAT should halt the project. On June 8, 2009, the Committee set up a Sub-committee of Study Information and Suggest the Opinion about the Impacts, including Human Rights Violation, of the case of the EGATs Hat Gyi Dam Construction Project on the Salween River in Myanmar. Prime Minister Abhisit approved the Prime Ministers Offices letter that EGAT follow the Subcommittees recommendations 6 In December 2005, EGAT signed a Memorandum of Agreement (MOA) with Myanmars Department of Hydroelectric Power Planning (DHPP) for the Hat Gyi dam (TERRA, 2006). On 24 April, 2010, the four investors EGATi (Thailand), Sinohydro (China), HDPP and IGOEC (Myanmar) signed an MOA addressing responsibilities and planning (EGAT, 2010). P a n el | H U M A N
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The booklet distributed at Public Information Disclosure meeting
The leaflet distributed at Ban Sop Moei
The opinion of communities toward EGATis public information disclosure Whilst an Information Disclosure process was conducted, it seems that the information related to the impacts and benefits of the project are not fully understood by the communities. Supa from Ban Mae Sam Leap said that, I want to know more about the design of the Hat Gyi dam. I understand that the run of river means that the river is not blocked and does not have a reservoir. But the design of Hat Gyi dam in the book is different from what we understand. If the dam is designed as in the book, it is impossible for the people in Mae Sam Leap to survive from the flood. Furthermore, since the communities have received information from different sources, confusion has occurred after the public information disclosure was conducted. Sai from Ban Mae Sam Leap said that, EGATi said if China blocks the water on the upstream, the water
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will dry up downstream. NGOs said if the dam is built in the downstream it will be flooded. I am very confused with different information. Some villagers believe that if have no way to stop the dams being built in China, the Hat Gyi dam also should move forward because they are afraid of suffering from droughts and dry spells. On the other hand, some people strongly believe that if the Hat Gyi dam is built more than 30 villages will be flooded on both sides of the river. Based on my fieldwork findings, most of the villagers expressed that they dont want the dam. Saji from Ban Mae Sam Leap said that When the villagers posed the questions at the Information Disclosure Meeting that in case our village is flooded does EGATi have a plan B for us as to where we should move to, and will EGATi guarantee to compensate all of us, they didnt answer. They said that they would record the entire question and will present it to their boss. Results: EGAT and EGATis Social Responsibility activities Ban Mae Sam Leap In 2009 EGATi supported Childrens Day in Ban Mae Sam Leap. The same year, EGAT came to the village with 2 big boats, 3 small boats and 10 vans filled with blankets and dry food to distribute. However, most of the villagers didnt accept the offer of EGATi as the village didnt like the way EGAT approached to them. Yo said EGATi always came with soldiers and another villager said that we didnt take it and then they move to Tha Ta Fang and Sop Moei village. According to Nai, a public health worker, The hospital has not received support from EGAT up to this day, but if they offer we will take it because we need to support the villagers. Ban Tha Ta Fang According to the villagers, since five years ago, EGAT came to Tha Ta Fang village to support projects, working with Thai soldiers. Support for fish farming was provided to eight households holding Thai Citizenship, and that project lasted two years. EGAT also organized a workshop for four days on the way to make organic fertilizer in the villager and distributed the plant seeds. EGAT also conducted a one day workshop on how to wash dishes cleaner,
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and distributed blankets and clothes. Three years ago EGAT also cooperated with the local school and distributed books, pencils and other school materials for the students. Sun expresses that, EGAT came to our village and introduced many activities, but they just came here as part of their duty but not really care about the development of our community. EGAT never came to do the environmental activities in Tha Ta Fang village. And, every time they came, they came with soldiers. EGAT also sent a doctor from Bangkok once a year to Tha Ta Fang three times. The local public health worker said, When EGAT sends doctor to our village, the provincial hospital from Mae Sariang doesnt even know. They just came with their own plan. I was so surprised that the villagers came to ask me how to take the medicine. I believe that the doctor didnt give the description to the villagers on the way to use it. I would suggest that EGATs contribution should be conducted with good will and great manner and not only for their reputation and for the purpose of putting their activities into their report. Ban Mae Sop Moei In 2009 and 2010, EGAT came to distribute books and pencils to Ban Sop Moei School for the event of Childrens Day. They also distributed blankets and clothes. For 2011, EGATi also planned to come, but due to the fighting between the Myanmar Army and Karen National Union armed forces on the opposite riverbank to Ban Sop Moei, EGAT cancelled their visit. EGAT also organized study trips to others dam, such as Sirikit and Bhumiphol dams. Paru said, I have been to Sirikit dam for four days with some 15 other villagers in 2010, which was organized by EGAT. According to the group discussion in the village, EGAT also came to do a short training on making organic fertilizer for a half hour with 20 people and soldiers. On one occasion, the villagers were given the wrong information to attend the meeting conducted by EGATi in 2010 at the school compound7. They were invited to meet with the provincial official but, instead they met with a group from EGATi. Tida expressed that, we cant accept that manner. If we knew the meeting would be held by EGAT we would not join. We were invited to join a meeting which would be held by the provincial official. In fact, it was not as they said.
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This meeting was the second time after the Public Forum in 2009 and before the Public Information Disclosure meeting in 2011. P a n el | H U M A N
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Tida said that, In 2010, EGAT came again to Ban Sop Moei with soldiers to distribute blankets to the villagers. Before the distribution start, EGATi talked about the dam project and after that they gave 50,000 Baht to the Army 105 group in public. Some villagers in the meeting expressed their disagreement about the dam project. They looked down on the villagers and a solider said to us that, you are not well educated, you dont know any information, and then we said, We know information from different sources and news. If they approached us in a good way, we would not respond in an impolite manner. Before they distribute the blankets, they tried to persuade us about the dam project. It is unacceptable. Deka also added that, The reason that they distribute the dry foods and clothes to us is because they want villagers to agree to their dam project. But, life has value and we cant exchange our life for the material things. Suggestion of community on EGATis CSR Policy In the case of the Hat Gyi dam project, the fieldwork findings found that the content of EGATs CSR has not yet been fully applied. The conduct of the activities of EGATi does not match the values and statements of the CSR that is mentioned in EGATs annual reports published in 2007 and 2009. (see section 3.2) Nay from Ban Tha Ta Fang said EGATi just tries to please us by distributing some dry foods to catch our attention and to agree to build the dam. Phai said that, EGAT and EGATi dont really have a good relationship with the community. They just came for one day and then went back. Every time, they came never stay with the communities. They sleep at the school. The village head of Ban Tha Ta Fang suggests that, EGATi should come to discuss with the communities in detail and state the truth in the village. Indeed, we need close activities and relationship. If they dont come or they stay quiet, we dont know what is going on. I think that we only get information from one side. But, without the participation of the communities, if the dam is built it will not be fair for the local people.
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Analysis of Implementation of EGATs CSR Policy Stakeholder Participation and Information Disclosure It is unclear why even though the plan to build Hat Gyi dam was initiated more than a decade ago, the official public forum and information disclosure were only conducted by EGATi in 2010 and 2011. Furthermore, it appears that the Public Forum and Public Information Disclosure were conducted not on EGATis own initiative, but because of the recommendation of the sub-committee. Before the EGAT team conducted their survey and feasibility studies in 2007, in my opinion, the communities should have been consulted and information made available to the communities in the early stage of the project. In the meeting EGATi said to inform the extension of MOA, but the MOA was signed on 24 April 2010 already before the information disclosure conducted in 7, 8 and 9 February 2011. After 11 months signed the MOA with the core investors, EGATi conducted the Public Information Disclosure and proposed the extension of the invalidity of the Hat Gyi dam project. According to the Constitution of the Kingdom of Thailand Article 57, the State enterprise or a local government organization must release the information to the community prior to the approval or the operation of any project that may harm to the environment and the quality of life. EGAT states that, EGAT has strictly observed all applicable laws and regulations in all processes of its operations and activities, both before and during the project development and throughout the operating life of its power facilities (EGAT, 2009.p76). Nevertheless, the Thai law and EGATs own policy repeatedly mention about the information disclosure prior to the approval of any project, in this Hat Gyi dam project, EGATi not follow the Thai Constitution of 2007 as well as not implement its own policy. EGATi should create the space for the communities to participate in the process of decision making not only for the informing as well as, getting the consensus from the community also very important feature of public participation. According to the Constitution of the Kingdom of Thailand, Article 66, the communities have the right to participate in the management, maintenance, preservation and exploitation of natural resources, the environment and the biological diversity in a balanced and sustainable fashion (Constitution of the Kingdom of Thailand, 2007. Pp. 27). On the other hands, EGAT also states that it commits to disclosing relevant information in an accurate, reliable and timely manner to relevant stakeholders (EGAT, 2009.p63).
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Whilst the public information disclosure invitation on 7 and 8 February 2011 was sent to the communities two weeks in advance, some community from Tha Ta Fang did not know about the meeting until two days before the meeting. The villagers who were invited to attend the meeting at short notice, they did not have sufficient time to prepare beforehand. I assumed that, as the booklet was distributed during the meeting, the villagers could not read it in advance. In addition, the information toolkit was not appropriate for all of the target audience because older villagers cant read in Thai and Karen. There have four main ethnics groups communities living along the Salween River on the Thai side, yet the booklet is only available in the Thai and Karen languages, but not in Shan and Burmese. Meanwhile the populations in Ban Mae Sam Leap are balance in term of population among the ethnic groups. According to the DCCN, an NGO group working on citizenship in the village, there are 546 Karen, 348 Shan and 442 Muslim/Burmese. Another leaflet that contained information about the purpose of the dam, the information of the dam project and the brief result of environmental study was only available in the Thai language and only distributed to Ban Sop Moei. However, since most of villagers living in that area are not able to read, EGATi also should has some alternative way to provide information to the villagers. The teacher in Ban Mae Sam Leap suggests that, EGAT should use the multi-media as a tool in different languages because many people in this area couldnt read Thai. From my research finding, the villagers were confused between what NGOs said and what EGATi said, which is totally different (see section 6.1). EGATs Board of Directors policy is for EGAT to disclose relevant financial and non-financial information in an accurate, sufficient, timely and transparent manner to all concerned parties with equality and fairness (EGAT, 2009.p63). Whilst EGATi said in the Public Information Disclosure meeting in Ban Sop Moei that it will recover and response any consequence affect from the dam project, it didnt mention details about the resettlement and compensation plan. Instead, EGATi kept saying that Thailand will not be impacted by the dam project, and that for the affected villages the resettlement and compensation will be paid according to what is mentioned in the EIA report. Since the EIA is still not available to the public, the villagers are not able to access this information.
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Has EGATis CSR benefited the communities? The activities conducted by EGAT and EGATi have not proven to be sustainable and have not brought benefit to the communities as a whole. For instance, training in fish farming was only provided to eight households who have Thai citizenship in the Tha Ta Fang village while more than 100 households are in the village. While Ban Mae Sam Leap is in need of support for the medicine, EGAT did not pay attention to the social welfare as its mention in their annual report. Since EGATi is weak in management and monitoring on its community development project, it seems that merely exercise the CSR to be look good in the society rather than to put in the name of community development. Ever time, EGAT and EGATi came to the village, soldiers always accompany them. The community development project was started since five years ago in Tha Ta Fang village. However, since the Wei Gyi dam and Dagwin dam has been postponed, EGATs CSR work also disappeared with the dam project8. The villagers were very disappointed with the value of social relationship given by EGAT. EGATs approach is interpreted by the villagers as EGAT came to implement the community project for the sake of its own benefit, not for the community sustainable development. EGAT had sent a doctor from Bangkok to offer the service in Ban Tha Ta Fang for three times. It could say that, all the service provided was 3 days in total because the doctor was sent one year a time and one time a day. It is obvious that, EGAT doing the community development just for its own interest and not having a longterm plan for sustainable development in the area. In Ban Sop Moei, EGATi organized the half hour organic fertilizer workshop with 20 people in the village and soldiers. To my understanding 30 minutes is not enough to know everything how to use appropriate method. Conclusion EGAT states that, EGAT Code of Conducts and Ethics as well as rules and regulations are clearly stated to ensure the legal rights of all stakeholders are well protected (EGAT, 2009.p63). However, the findings have shown that, EGATi and communities do not have a close relationship, and the communities do not trust in EGATi. Instead, the communities have a closer relationship with NGOs. This also creates a big gap between EGATi and the
According to the EGAT and EGATi, the Tha Ta Fang will not get direct impact from the Hat Gyi Dam project. Due to Tha Ta Fang village will not get directly impact from the Hat Gyi dam project, EGATi stopped working with the village and only conducted the public forum and public information disclosure to Ban Sop Moei and Ban Mae Sam Leap where is more closer to the dam project. P a n el | H U M A N
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communities. When information received from NGOs indicated that the dam will directly impact to the livelihood of the villagers, it hard to convince villagers to listen to EGATs explanation. When we look at the relationship between the community and the EGAT, there was no direct communication between the two groups and not many close activities. In terms of raising awareness on the dam project, there were limited consultation meetings except the Public Forum and Public Information Disclosure. According to the Constitution of the Kingdom of Thailand, Article 66, the communities have the right to participate in the management, maintenance, preservation and exploitation of natural resources, the environment and the biological diversity in a balanced and sustainable fashion (Constitution of the Kingdom of Thailand, 2007. Pp. 27). On the other hands, EGAT also states that it commits to disclosing relevant information in an accurate, reliable and timely manner to relevant stakeholders (EGAT, 2009.p63). Referring to the Thailand Constitution and CSR policy, the findings show that, EGATi not really following its own CSR policy and the relevant regulation. More importantly, in order to gain the truth from the communities, EGATi should follow what exist in the regulation. Multi-party dialogue between villagers, KNU, and academics is necessary in order to move forward in a smooth manner. Whilst EGATi states that, Public participation also highly encouraged throughout all stages of activities which aim to views and address the concern of the local people and public (EGAT 2009), in the case of the Hat Gyi dam, public participation is still in the quote of its report but implementation has yet to start in the case of the Hat Gyi dam project. Reference Bangkok Post, 2010, Ministry told avoid Hutgyi dam panel, Bangkok Post, 17 February, <http://www.bangkokpost.com/news/local/32995/ministry-told-avoid-hutgyi-dampanel>. Baxter, W 2006, Thailand and Myanmar at Odds over Salween Dams, Toward Freedom, 13 December, <http://towardfreedom.com/home/ content/view/ 941/>. Burma Rivers Network 2011, Stop Damming Burmas Rivers, Statement of the Burma Rivers Network on the International Day of Action for Rivers,14th March 2011. Burma Rivers Network, 2011, Dam Project; Salween Dams, Hat Gyi, viewed 5 July 2011, <http://www.burmariversnetwork.org/dam-projects/salween-dams/hatgyi.html>. Constitution Drafting Commission & Assembly 2007, CONSTITUTION OF THE KINGDOM OF THAILAND, B.E. 2550 (2007), Bureau of Printing Services,The Secretariat of the House of Representatives,Thai Military Bank Building,Phayathai Road, Phayathai, Bangkok 10400.
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Coordinating Center for Mae Hong Sons River Basins Management Network (CCMHSRBMN) 2011, Recommendation for information disclosure of Hutgyi Hydropower Project on the Salween River, Statement of (CCMHSR-BMN) to Chairman of Information Disclosure Subcommittee on Hutgyi Hydropower Project on the Salween River, 4th February 2011. Electricity Generating Authority of Thailand 2010a, Summary of Thailand Power Development Plan 2010-2030, report no. 912000-5305, System Planning Division, April 2010. Electricity Generating Authority of Thailand 2010b, Information Disclosure and Public Hearing of Hat Gyi Dam on Salween River, Myanmar, Memorandum of Agreement between Myanmar and Electricity Generating Authority of Thailand, August 2010, Sob Moi village, Mae Sam Reap, Mae Hong Son Province. Green, S. 2011, Good Governance Principles and Bad Dam Governance: The Example of a Salween Dam. International organization for Standardization, 2004, ISO Environmental Management 14000, viewed on 12 July, 2011,< http://www.ipsnews.net/news.asp?idnews=36765>. Irrawaddy, 2009, Thailand Urged to Stop Construction of Salween Dams, The Irrawaddy, 19 October, <http://www.irrawaddy.org/article.php?art_id=17018>. Living River Siam, 2011, Villagers and Civil Society Petition Thailand PM and EGAT: Demand Protect Human Rights in Burma-Cancel the Hat Gyi Dam, Living River Siam, Viewed 5 July 2011, <http://www.livingriversiam.org/sw/swd_n_e46.html>. Longcharoen, L 2004, Egos and Scames, EGAT and Salween Dams, Watershed, Vol.9, No.2, pp.34. Markar, MM. 2007, Dams on Salween Threaten Indigenous Groups, Bangkok Post, 28 February.< http://www.ipsnews.net/news.asp?idnews=36765>. Matichon Daily, 2009, 19 Villages Demanded Salween Dam Project Shelved, Submitting Petitions to Thai PM with Concern over Escalation of Civil War, Matichon Dailay, 14 July, <http://www.salweenwatch.org/index.php?option=com_content&view=article&id=2 15:19-villages-demanded-salween-dam-project-shelved-submitting-petitions-to-thaipm-with-concern-over-escalation-of-civil-war&catid=34:news&Itemid=56>. Montree.C 2011, Information Disclousure and Public Hearing for the Hutgyi Dam, NGO Coordinating Committee on Rural Development (NGO-CORD North), 7th February 2011, Chiang Mai. Myint, MW 2006, Union of Myanmar Ministry of Electric Power NO (1); Hydropower Development, Department of Hydropower Planning. Naing, SY, 2009, KNU Asks Thai Government to Pull out of Salween Dam Project, The Irrawaddy, 4 August, <http://www.irrawaddy.org/article.php?art_id=16475>.
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Nowak.M & Thomas.G, 2006, Corporate Social Responsibility: A definition, Curtin University of Technology, Graduate School of Business, Western Australia. Salween Watch, 2010, Hatgyi Dam: Abhisit-Appointed Committee Recommends More Study, but Refuses to Stop EGATs Destructive Project, Salween Watch Newsletter, Vol. 2, No.1, March 2010. Salween Watch Coalition 2011, Calling for the Hatgyi Dam to be Stopped Immediately, Statement letter to H.E Abhisit Vejjajiva, Prime Minister of Thailand, 7th February 2011. Saengpassa.C, Thongrung and Watcharapong 2010, Controversial dam Hatgyi will ahead. The Nation, http://www.nationmultimedia.com/search/read.php?newsid=30122674&keyword=hy dropower, accessed February 16, 2010. Sukpanich, T 2007, Salween on a Precipice, Bangkok November,<http://www.statelessperson.com/www/?q=node/1967>. Post, 11
Tawichakornsithong. T 2011, Recommendation for information disclosure of Hutgyi Hydropower Project on the Salween River, Statement of the Coordinating Center for Mae Hong Sons River Basins Management Network, 4th February 2011. The Nation, 2007, Thai worker killed in bomb attack in Burma, The Nation, 3 September. <http://www.nationmultimedia.com/2007/09/03/regional/regional_30047576.php>. WWF, 2006, Salween River (Thanlwin, Nujiang), Free-Flowing Rivers; Economic luxury or ecological necessity?, Global Freshwater Program, Netherlands, pp. 20-23. EGAT 2009, Corporate Social Responsibility report 2009, The year when social responsibility was integrated into EGATs ongoing businesses activities. <http://prinfo.egat.co.th/report/csr_report/2552/csr52_eng/EGAT-2009.html>.
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The leaflet distributed at Ban Sop Moei

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